| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 171 (Jan) |
| Court: | Chancery Division |
| Judge: | Roth J (judgment given extempore) |
| Representation | Christopher Heather (instructed by Charles Russell LLP) for the claimants. |
| Philip Rainey QC and Ellodie Gibbons (instructed by Seddons Solicitors) for the defendant. | |
| Judgment Dates: | 25 January 2012 |
Catchwords
Landlord and tenant - Leasehold enfranchisement - Long tenancy - Claimant tenants seeking to collectively enfranchise - Defendant property owner allowing enfranchisement relating to building but not to associated grounds - Defendant seeking to construct lightwells on grounds - Claimants objecting to construction - Whether lightwells and their construction breaching covenant for quiet enjoyment of land - Leasehold Reform Housing and Urban Development Act 1993.
The Case
Landlord and tenant Leasehold enfranchisement. The Chancery Division held that, where the defendant owner of a block of flats proposed to dig lightwells for a basement development, damages would be awarded only regarding the digging of a preliminary trench, and the installation of the lightwells would be allowed to proceed.
Practice Areas
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